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SA Commercial Law - Creating an Entity to Hold IP?

Discussion in 'Commercial Law Forum' started by PSW, 19 May 2018.

  1. PSW

    PSW Member

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    Hi,

    Looking for the best way to set up an entity to hold some IP for use by international NFPs and trade associations.

    Sounds big, but it's not. There is a loose affiliation of voluntary organisations, member associations and trade bodies across the world that hold a conference and expo every two years - the 2020 one looking like it's going to be here in Australia.

    Over the years we've built up some IP in the form of documents, images, logos etc - we'll probably launch a website this year.

    We don't want that IP to 'live' with any one of the participating groups, but rather with a separate entity. This entity is not intended to make money above covering its costs through licensing of the IP back to the various bodies.

    It will need to 'own' a few trademarks, some domain names and the website and be able to charge back a fairly nominal sum for the use of those resources.

    Obviously, I have to keep costs to an absolute minimum - as close to nothing at all as possible. Hence raising the question here rather than going to the legal firm I use in the day job...

    How would you go about it under commercial law?
     
  2. Rod

    Rod Well-Known Member

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    If it was me I'd create a private company.
     
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  3. Rob Legat - SBPL

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    The best vehicle is probably what @Rod is suggesting, a 'Pty Ltd' company. Then, as you alluded to, having a licensing agreement in place with the other entities, including strong control measures so you can protect your branding.
     
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  4. PSW

    PSW Member

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    Thanks folks,

    Looking like company is the way to go. Got to admit I was hoping for something a little less formal. But I understand the reasons
     
  5. Tim W

    Tim W Lawyer
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    Who owns the IP now?
     
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  6. Clancy

    Clancy Well-Known Member

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    People create companies just to clean floors or deliver mail.... My sister in law got a job with Optus doing door to door sales and had to get an ABN for that.... You know, that contractor loophole to pay workers much less.
     
  7. Rod

    Rod Well-Known Member

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    FYI: ABN does not equal Pty Ltd.

    Sham contracting is another issue again.
     
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  8. Clancy

    Clancy Well-Known Member

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    Well then, isn't that something the OP would like to know about?
     
  9. Rod

    Rod Well-Known Member

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    No
     
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  10. Tim W

    Tim W Lawyer
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    I agree.
    There are many sole traders (and other entities that are not companies) that have ABNs.
    It is also helpful to remember that a registered business name and a company are different things.

    It is.
    But I'm not sure that it's in play here.
     
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